Full Reference : Calandri, L, Incentive(s) and Self-Regulation(s): what place for Compliance Law in the Audiovisual Sector?, in M.-A. (ed.), Compliance Tools, série "Régulations & Compliance", Journal of Regulation & Compliance et Bruylant, 2020, to be published.
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Article Summary (done by Marie-Anne Frison-Roche)
The author has taken the audiovisual sector, "pilot" in the matter, to measure very precisely the way in which in France the jurisprudence of the Conseil d'Etat (French Council of State) has introduced a logic of Compliance by leaving the operators free to organize themselves, while supervising them.
After allowing, by the 2016 decisions Fairvest and Société Numéricable, the judicial control of acts of Soft Law, in particular those issued by the French Audiovisual Regulator, the Conseil d'Etat has organized a more flexible relation between Sector and Regulator, the author referring the Regulator's declaration that he is not the "gendarme" of this sector.
The French Council of State isolates among its acts those which are only incentive and escape the control by the judge, in the same way as acts of soft law adopted by the companies of the sector, expression of a self-regulation, They also escape litigation and are therefore also "unjustifiable".
The author concludes that this completely renovates the governance of the sector, the Regulator by becoming more the arbiter and the supervisor of this new soft law.
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